The Portland daily press., 1887-04-02
FOR MURDER.
Preliminary Examination Of Or. c. o.
Files and Erasmus Jansen.

FuCS anu Et QoiildS 0dnSG0s
Yesterday morning the case of DR.. Charles
| 0. Files and of Erasmus Jansen for the
murder of Mary Jansen was called in the
Municipal Court before Judge Gould Coun-
| ty Attorney Seiders and Assistant County
Attorney F. V. Chase appeared for the gov
eminent; Hon. A. A. Strout and Clarence
Hale-for Files, and Col A. w. Bradbury for
Jansen Before proceeding with the case
the County Attorney stated that the case
against the prisoners for procuring abortion
was discontinued.
The complaint for murder was then read
and both prisoners pleaded not guilty.
Assistant County Attorney Chase opened
the case for the government. He said the
prosecution do not claim THAT the prisoners
intended to kill the woman but that her
death was caused while they were engaged
in what is felony under the laws of the State,
and that therefore as matter of law they
are guilty of murder. He then detailed the
circumstances of Mrs. Jansen's visit to DR..
Files, iher subsequent sickness and treat
ment by DR.. Swasey, the consultation with
Dr.. Gerrish and the subsequent death of the
patient.
DR.. George B. Swasey was the first witness
| called and the entire morning was spent in
his direct examination. He detailed his at
tendance on the woman from day to day Z;
| her condition at each visit; his examinations
and treatment until her death on March 1st
| The doctor said he had had an experience Of
! twelve years practice and was graduate of
the College of Physicians and Surgeons of
New York, and had been practitioner in
| Portland since the summer of 1884. He had
attended Mrs. Jansen since the spring of
| 1885,
During DR.. Swasey's examination ques-
ton was asked by County Attorney Seiders,
| who conducted the examination, as to con-
yersation with the doctor in reference to
Mrs. Jansen's case. This was objected to
| by counsel for prisoners on the ground that
conversation with third parties was not adj
missable, and again counsel for Jansen
thought he could produce authorities to show
that conversations between doctors and pa
! tients were privileged.
The court thought such conversations be-
| tween patient and doctor should be priv
ileged, although he knew of no authorities,
and ii there were any, he would like to see
them, so he thought that testimony should
be postponed till after dinner.
The doctor then gave description of the
autopsy OF Mrs: Jansen performed ten hours
after death, and before it was concluded the
Court adjourned till p. N.
- AFTERNOON SESSION.
Court came III aU 5trvrtiy-s.fsv.- o o'clock
and DR.. Swasey was recalled.
Upon examination by County Attorney
Selders, the witness described the condition
IN which the heart, lungs and stomach of
the woman were found at the post mortem
examination. He testified that peritonitis
may be caused by exposure, perforation of
the bowels in disease or by accident child
birth, and by uterine diseases and miscar-
riage.
The County Attorney asked what CONVEX
Satlon the witness had with Mr. Jansen.
when Mr.. Jansen first called upon him.
Col Bradbury objected to the introduction
OF any statements made to the witness bv
Jansen, referring to anything told the latter
by third party. Such statements were ex-
Guided by Judge Gould, who said that he
was In doubt as to the admissibility of any
OF this evidence.
DR.. Swasey testified that Jansen told that
he had gone with his wife to DR.. Files Of
f1ce and that there an operation had been
performed upon her.
Mr.. Strout moved that the testimony in re-
gard to the conversations between Jansen
and DR.. Swasey be stricken out, as it was
let in conditionally. Mr.. Strout said that
the evidence was of no use against Files,
ana That the mere presence of Jansen did
not establish or tend to establish any COM
plicity or participation that would make him
guilty as principal.
Mr.. Seiders said that it was understood
that this testimony might be stricken out.
Upon cross-examination by Mr.. Strout,
DR.. Swasey said that he thought peritonitis
ahmed the witness at considerable length /
upon the method of treatment employed by |
him. Questioned by Col Bradbury, DR.. |
Swasey said that Mrs. Jansen was very |
weak on Monday before she died on Tues /
day.. bat he thought she was in full pos |
session of her faculties
Or. George III. Cummings of this city was |
called and said that he assisted at the post |
mortem examination. He said that he |
agreed with DR.. Swasey's testimony.
Inc witness was on the stand when the
Court adjourned at $50 o'clock.